| In previous newsletters, we touched on (S578/HR2242) which
are amendments to the Homeland Security Bill. These amendments are before
Congress at this time. We think that it is virtually important that this
legislation be defeated. For a better understanding of this legislation,
read the below summary as prepared by Elaine Willman, Chair, “Citizens Equal
Rights Alliance.”
If Senate Bill 578/HR 2242(amendments to the Homeland Security Bill) passes, tribal governments will have the authority to create any form of government of their choosing (Sec. 2). Tribal governments will have full criminal, CMI and adjudicatory authority over ALL PERSONS who live, work, reside, visit or travel through the boundaries of an Indian reservation, including persons who do business with tribal government or tribal members (Sec. 13). Among expanded access to homeland security data, resources and funding, the bill also provides authority of tribal governments to access and intercept electronic and oral communications of citizens (Sec.12). The bill does NOT consider the following: > 3 out of 4 American Indians do not live on Indian reservations. > Over 500,000 citizens who are not enrolled tribal members DO live within reservation boundaries. > Millions of Americans visit Indian casinos, and other Indian tourist and business facilities. > Thousands of American businesses “do business” with tribal governments. > ALL OF THESE businesses and citizens would LOSE the protections of the U.S. Constitution; and their in place municipal, county and state governments, if/as confronted by tribal personnel. > Over 30 years of U.S. Supreme Court rulings would be nullified, beginning with the Oliphant (1978) case denying tribes criminal authority over nonmembers. The third branch of American government, the U.S. Supreme court, would be effectively neutralized, thereafter having limited or no effect upon Indian tribes. > The Homeland Security Act was NEVER, nor should it be, intended to expand tribal sovereignty. > “America’s Homeland” already includes Indian reservations and should not be segmented out, causing a disruption of the collaborative and seamless partnerships of local law enforcement agencies. Every state, county and municipal elected official and law enforcement officer should pay close attention to the effect of this bill, should it pass. At risk are clear transfers of authority, transfers of jurisdiction and potential shifts in funds for urgently needed tasks required under the Homeland Security Act of 2002. A recommended position: S1578IH.R. 2242 should be withdrawn in it’s entirely. The following articles will provide much more insight on the dangers of (S578/HR2242). |
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